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Posts Tagged ‘plaintiff’
Preparing for Hearings or Trial
Lawsuit Anatomy Explained
Learn lawsuit anatomy by spelling: CAT.
The 3 basic steps of every lawsuit are:.
- Complaint
- Answer
- Trial
Start here, and you’ll soon be operating like a pro in court, controlling judges and defeating crooked lawyers.
Of course, there’s much more to winning, but it’s all easy if you start with basic anatomy: CAT.
C = Complaint … Where every case begins. Plaintiff complains by filing a Complaint. He alleges (1) what duty the defendant breached, (2) how the defendant breached the duty, and (3) how the plaintiff suffered damages (or is threatened with damages) as a direct result.
A = Answer … Where defendant responds to plaintiff’s Complaint by filing an Answer and Affirmative Defenses. In his Answer he admits or denies (or claims he lacks enough knowledge to admit or deny) each separate allegation of the plaintiff’s Complaint. In his Affirmative Defenses he alleges facts that (if he can prove them) will relieve him of his obligation to plaintiff.
T = Trial … Where the judge (or jury) decides the final verdict by examiningadmissible evidence, using plain old common sense to decide which facts presented are true, weighing each side’s evidence to see which side has the greater weight of evidence, and then applying the law to determine who wins.
Plaintiffs file Complaints.
Defendants file Answers (and essential “Affirmative Defenses”, as you will learn in my course.
Judges and juries examine the facts and law at trial to decide who wins.
During the process Motions and Discovery Tools are used by both sides to convince the court who should win.
This is where the fight is – not at trial.
Every winnable case can be won before trial, if you use my case-winning tactics … all explained in my affordable, official, 24-hour Jurisdictionary “How to Win in Court” self-help course.
For example, there are 3 Motions the defendant can use to avoid filing an answer:
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
All explained in the course.
At any time after the Complaint is filed, either side may use 5 discovery tools to get facts that may lead to admissible evidence:
- Admissions
- Production
- Interrogatories
- Depositions
- Subpoenas and other court orders
Also explained fully in my affordable self-help course.
That’s the Anatomy of Every Lawsuit!
It really IS this simple!
How to Dodge a Lawsuit
There are several ways to dodge a lawsuit.
Whether you’re a plaintiff or defendant, you must know what smart defendants do to dodge lawsuits.
The complete details are in my affordable,official, 24-hour step-by-step Jurisdictionary course that people tells us an average 8th can understand (if you can get an 8th grader to sit still that long!).
If a defendant is served with a complaint, he may dodge the lawsuit by filing motions to avoid filing an Answer!
This is called the “flurry of motions”.
Once a defendant files an Answer, he’s locked in and misses this chance to dodge the lawsuit altogether.
Don’t file an Answer if you can dodge the lawsuit with a “flurry of motions”.
Inexperienced lawyers and pro se people (who don’t yet have my Jurisdictionary course) make the avoidable mistake of filing an Answer to the plaintiff’s Complaint … instead of using the flurry of motions as my course explains step-by-step with sample forms!
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
Each of these motions postpones the necessity of filing an Answer to the plaintiff’s Complaint … and gains you valuable time and evidence-gathering opportunities!
In some cases it puts an end to the case. Period!
Motion to Dismiss: There are several grounds for filing this motion. Here are a few. The rest are in my course.
- Lack of Subject Matter Jurisdiction
- Improper Service of Process
- Improper Venue
- Failure to State a Cause of Action
Each is fully explained in my course.
Motion to Strike: The following are a few of the many grounds for filing this motion:
- The Complaint Contains False Allegations
- The Complaint Contains Scandalous Allegations
- The Complaint Contains Impertinent Allegations
This is power YOU can use!.
Motion for More Definite Statement: This motion should be filed when a Complaint is so poorly-written that a reasonable person would have difficulty understanding what it says, i.e., what the plaintiff is complaining about.
Sample forms for all of these are in the complete official course.
If you are sued, do NOT file an Answer until you use ALL these motions that fit the circumstances!
Failure to use the Flurry of Motions weakens your case and, of course, misses a valuable opportunity to dodge the case altogether.
These tips should convince you to order my complete course … whether you’re a plaintiff or defendant.
If you don’t know your legal options, you don’t a chance of winning!
Winners know how the game is played to win — including how to file and respond to the Flurry of Motions.
I know what it takes to win. I’ve been doing professionally since 1986!
How to Dodge a Lawsuit
( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!
There are several ways to dodge a lawsuit.
Whether you’re a plaintiff or defendant, you must know what smart defendants do to dodge lawsuits.
The complete details are in my affordable, official, 24-hour step-by-step Jurisdictionary course that people tells us an average 8th can understand (if you can get an 8th grader to sit still that long!).
If a defendant is served with a complaint, he may dodge the lawsuit by filing motions to avoid filing an Answer!
This is called the “flurry of motions”.
Once a defendant files an Answer, he’s locked in and misses this chance to dodge the lawsuit altogether.
Don’t file an Answer if you can dodge the lawsuit with a “flurry of motions”.
Inexperienced lawyers and pro se people (who don’t yet have my Jurisdictionary course) make the avoidable mistake of filing an Answer to the plaintiff’s Complaint … instead of using the flurry of motions as my course explains step-by-step with sample forms!
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
Each of these motions postpones the necessity of filing an Answer to the plaintiff’s Complaint … and gains you valuable time and evidence-gathering opportunities!
In some cases it puts an end to the case. Period!
Motion to Dismiss: There are several grounds for filing this motion. Here are a few. The rest are in my course.
- Lack of Subject Matter Jurisdiction
- Improper Service of Process
- Improper Venue
- Failure to State a Cause of Action
Each is fully explained in my course.
Motion to Strike: The following are a few of the many grounds for filing this motion:
- The Complaint Contains False Allegations
- The Complaint Contains Scandalous Allegations
- The Complaint Contains Impertinent Allegations
This is power YOU can use!.
Motion for More Definite Statement: This motion should be filed when a Complaint is so poorly-written that a reasonable person would have difficulty understanding what it says, i.e., what the plaintiff is complaining about.
Sample forms for all of these are in the complete official course.
If you are sued, do NOT file an Answer until you use ALL these motions that fit the circumstances!
Failure to use the Flurry of Motions weakens your case and, of course, misses a valuable opportunity to dodge the case altogether.
These tips should convince you to order my complete course … whether you’re a plaintiff or defendant.
If you don’t know your legal options, you don’t a chance of winning!
Winners know how the game is played to win — including how to file and respond to the Flurry of Motions.
I know what it takes to win. I’ve been doing professionally since 1986!
Force Your Opponents to Pay Up!
Even experienced lawyers fail to force their opponents to meet the Burden of Proof.
It’s like making your enemies “pay up”, to prove what they say!
You never have to prove you don’t owe!
Nor are you required to prove your dog didn’t bite your neighbor, or your driving didn’t cause the accident.
Everyone demanding any right in court has a burden to prove they’re entitled to have the court enforce the right!
If they can’t meet their burden, they lose and, if you’re the defendant, you win!
Of course, if you’re a plaintiff, it’s your job to meet the burden of proof to show you deserve the court’s favor.
Knowing how the burden works (there’s quite a bit more to it than I can explain in this short newsletter) gives you power to win instead of being just another victim!
The burden is always on the party making claims.
The burden is never on defenders – unless the burden shifts once the claimant meets his burden of proof.
In civil cases, the burden is met by presenting the greater weight of admissible evidence (sometimes called the “preponderance of evidence”) in support of the fact elements necessary to prevail on at least one “cause of action” (explained in the course and essential knowledge, if you want to win).
In criminal cases, the state’s burden is met only by presenting evidence that proves the fact elements of the crimes alleged beyond and to the exclusion of any reasonable doubt.
The burden of proof is always on the party asserting a claim, making a motion, demanding a right, etc.
Before a court can lawfully grant relief of any kind, the party seeking relief must carry his burden to prove he’s entitled to relief … whether the case is civil or criminal.
Some may say, “It’s just your word against his.”
That’s never true in court.
One side always has the burden.
Just like in a tennis match, the ball is always on one side of the net!
The burden of proof may shift back and forth during a complicated lawsuit, depending on who claims what and when, however the burden is always on the side seeking relief at any particular moment, the party making a claim, the litigant moving the court, the claimant alleging a fact, etc.
WARNING:
Lawyers will try to put you “on the defensive”.
Lawyers will try to trick you into struggling to prove a negative, e.g., that you didn’t do something or that something did not happen. Don’t get sucked in!
People who don’t have the official Jurisdictionary “How to Win in Court” course go out of their way to show they were out of town that day or confined to a wheelchair or otherwise struggle to dis-prove something that is entirely the burden of the other side to prove.
This is what crooked lawyers do.
BEWARE!
BE WISE!
If a defendant ignorantly tries to dis-prove what his opponent has the burden to prove, his opponent is spared the labor of proving his case! The waters are muddied. The real issues get lost. The judge gets sidetracked. And YOU come out on the short end of the stick every time!
Smart people who use the official Jurisdictionary “How to Win in Court” course know how to move the court to take judicial notice that “the burden is on the moving party to prove whatever he claims” and, if the other side cannot prove what he claims, Jurisdictionary students know how to move the court for summary judgment and put an end to their troubles then-and-there!
Put the ball in the court where it belongs!
Learn more about the burden of proof and “How to Win in Court” … without a lawyer!
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“So easy an 8th grader can do it!”
Lawsuit Anatomy
Start to learn lawsuit anatomy by spelling: CAT.
Here are the 3 basic steps of every lawsuit.
- Complaint
- Answer
- Trial
Start here, and you’ll soon be operating like a pro in court, controlling judges and defeating crooked lawyers.
Of course, there’s much more to winning, but it’s all easy if you start with basic anatomy:CAT.
C = Complaint … Where every case begins. Plaintiff complains by filing a Complaint. He alleges (1) what duty the defendant breached, (2) how the defendant breached the duty, and (3) how the plaintiff suffered damages (or is threatened with damages) as a direct result.
A = Answer … Where defendant responds to plaintiff’s Complaint by filing an Answer and Affirmative Defenses. In his Answer he admits or denies (or claims he lacks enough knowledge to admit or deny) each separate allegation of the plaintiff’s Complaint. In his Affirmative Defenses he alleges facts that (if he can prove them) will relieve him of his obligation to plaintiff.
T = Trial … Where the judge (or jury) decides the final verdict by examiningadmissible evidence, using plain old common sense to decide which facts presented are true, weighing each side’s evidence to see which side has the greater weight of evidence, and then applying the law to determine who wins.
Plaintiffs file Complaints.
Defendants file Answers (and essential “Affirmative Defenses”, as you will learn in my course.
Judges and juries examine the facts and law at trial to decide who wins.
During the process Motions and Discovery Tools are used by both sides to convince the court who should win.
This is where the fight is – not at trial.
Every winnable case can be won before trial, if you use my case-winning tactics … all explained in my affordable, official, 24-hour Jurisdictionary “How to Win in Court” self-help course.
For example, there are 3 Motions the defendant can use to avoid filing an answer:
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
All explained in the course.
At any time after the Complaint is filed, either side may use 5 discovery tools to get facts that may lead to admissible evidence:
- Admissions
- Production
- Interrogatories
- Depositions
- Subpoenas and other court orders
Also explained fully in my affordable self-help course.
That’s the Anatomy of Every Lawsuit!
It really IS this simple!
To learn more, order my affordable, official, 24-hour, step-by-step Jurisdictionary “How to Win in Court” self-help course.
Now YOU can use the same case-winning tactics I’ve used to win cases in state and federal courts since 1986.
Every lawsuit has this same, simple anatomy.
Same motions.
Same discovery tools.
If you have a lawyer, know what your lawyer should be doing to earn his fee and winyour case.
If you don’t have a lawyer, know what you must do to make the judge do his job andprevent the other side from cheating.
My affordable, official, 24-hour, step-by-step Jurisdictionary “How to Win in Court” self-help course will show you how to write powerful pleadings, draft and argue motions, object in court, get admissible evidence into the record, prevent the other side from getting lies into the record, do legal research, compose your legal arguments, and much, much more.
Affordable 24-hour Step-by-Step Self-Help Course Includes:
5-hour video CD simplifies the process of litigation
2 audio CDs present practical tactics and procedures
15 in-depth tutorials on a 4th CD lay out the basics
Free EasyGuide to the Rules of Court
Instant On-Line Access while CDs are in the Mail
Still Only $249 … plus $7.50 Priority Mail Shipping & Handling
Save legal fees! Control judges!
Defeat crooked lawyers!
Ask anyone who has our course … “Jurisdictionary Works!”
Call Toll Free for details: 866-Law-Easy
Winning in Court Means Learning Not to Lose
How to Lose in Court … |
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Force Your Opponents to Pay Up!
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How to Dodge a Lawsuit !
There are several ways to dodge a lawsuit.
Whether you’re a plaintiff or defendant, you must know what defendants can do to dodge a lawsuit. How to dodge, if you’re a defendant. How to stop the defendant from dodging, if you’re a plaintiff. In this Tips & Tactics, I share a few dodge tricks below. The complete details are yours in my affordable 24-hour step-by-step Jurisdictionary course. People tell us an 8th grader can understand my course in 24 hours. If a defendant is served with a complaint, he may be able to dodge the lawsuit by filing motions to avoid filing an Answer! This tactic is sometimes called the flurry of motions. However! Once a defendant files an Answer, he’s locked in and misses this chance to dodge the lawsuit. Inexperienced lawyers and pro se people (who don’t yet have my Jurisdictionary course) make a common mistake and file an Answer to the plaintiff’s Complaint … instead of using the flurry of motions my course explains:
Each of these motions postpones the necessity of filing an Answer to the plaintiff’s Complaint … and gains you valuable time and evidence-gathering opportunities! In some cases it puts an end to the case. Period! Here are just a few points you absolutely must know. Motion to Dismiss: There are several grounds for filing this motion. Here are a few. The rest are in my course.
The last of these is the most common! If you don’t yet understand causes of action and their elements, you are not yet ready to win in court. The most important piece of knowledge you can learn about lawsuits is that they proceed on one or more causes of action, and each cause of action has certain required elements that must be alleged and ultimately proven. Each is fully explained in my course. Motion to Strike: The following are a few of the many grounds for filing this motion:
The first of these is very powerful and is sometimes called a Motion to Strike Sham Pleading. Know them all, however. Motion for More Definite Statement: This motion should be filed when a Complaint is so poorly-written that a reasonable person would have difficulty understanding what it says, i.e., what the plaintiff is complaining about. The court cannot require you to file an Answer if the Complaint is so poorly-written that no reasonable person could discern what the plaintiff is saying. For example, I’ve filed this motion when sentences in the Complaint had no verb! If you are sued, do NOT file an Answer until you use all these motions that apply to the circumstances! Failure to use the Flurry of Motions weakens your case and, of course, misses a valuable opportunity to dodge the case altogether. Of course you cannot learn all you need to know about the Flurry of Motions or the other case-winning tactics my affordable Jurisdictionary course explains step-by-step in just 24-hours, but this week’s Tips & Tactics gives you an idea what you’ll be missing if you don’t order now. Whether plaintiff or defendant, you cannot hope to win if you don’t know what my course teaches. These tips should convince you to order my complete course … whether you’re a plaintiff or defendant. My affordable Jurisdictionary course explains how to use the Flurry of Motions as a defendant to dodge the plaintiff’s attack and how to defend against the motions if you’re the plaintiff. If you don’t know what opportunities you have in court, you don’t have much of a chance of winning! Even if you fail at dodging the case altogether, there are many positive advantages to making the attempt. By following the Jurisdictionary method explained clearly in my affordable 24-hour step-by-step course, you force the other side to show his hand while running a good chance of dodging the case altogether! Let me urge you to order my course today (if you don’t already have it) so you won’t make the common mistake of assuming you already know everything you need to win! Never file an answer if you don’t have to! Remember: Winners are people who know how the game is played to win — and that includes knowing how to use and respond to the Flurry of Motions — whether you’re a plaintiff or defendant. My affordable 24-hour step-by-step lawsuit self-help course includes:
Still Only $249 (plus $7.50 for Priority Mail S&H) Control judges! Save legal fees! Defeat crooked lawyers! Ask anyone who has it: Jurisdictionary Works! Call Toll Free for details: 866-Law-Easy Get your competitive edge before the price increase. Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you! You cannot win if you don’t know how to control the judge and all the lawyers (including your own lawyer, if you can afford to pay one to go to court for you)! You’ve heard the horror stories from others. Don’t let it happen to you! Order my course now, if you don’t already have it. Know the rules and how to force everyone to obey! Know how to draft proper pleadings, how to get your own evidence in the court’s record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case! My self-help course is presented in such an easy format people tell us an 8th grader can learn it in just 24 hours! Know what you must know to win! Stop courtroom corruption! I’ll show you how in just 24-hours … step-by-step! Control judges and lawyers – or lose! My “Tips & Tactics” newsletters are only introductions to the complete course you need to win. If you don’t already have my 24-hour step-by-step self-help course, go to my website and order now!
As Woody Guthrie used to sing, “This Land is our Land,” and that includes every courtroom and every courthouse from San Diego to Bangor, Maine. Why let lawyers control our lives with trickery? Why let judges destroy our lives by letting lawyers get away with their trickery? YOU CAN WIN! Forward this newsletter to ALL YOUR FRIENDS! If you aren’t involved in a lawsuit or threatened with one today, learn what my course teaches and help others who will be destroyed by all-too-common courtroom corruption if YOU don’t help them learn what it takes to win! There are more than 150 lawsuits filed every minute in the United States – nearly 100 million each year. Try to imagine how many thousands of good, honest people will be destroyed in the next 7 days just because they have no idea how to protect themselves and have nobody they can trust (or afford) to help them win! Urge everyone to get my affordable 24-hour course! Do it for your nation … and for your children! Dr. Frederick David Graves, JD
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